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Debt collection and recovery in Turkey

Illustration of a man with a clock pointing to an invoice. (Debt collection)

Debt collection in Turkey

Debt collection in Turkey can be a challenging process, especially for those unfamiliar with the local legal system. Turkey has specific procedures for debt collection and recovery, requiring various legal steps and documentation. Below is an overview of the main aspects of the debt collection process in Turkey.

Legal proceedings for debt collection

In Turkey, there are two main types of debt collection: collection with and without a court judgment. In debt collection without a court order, the creditor can directly issue a payment order without a court's prior ruling. The debtor then has seven days to object. If no objection is made, the proceedings can continue and the debtor can be forced to pay, possibly by attachment of assets.

In judgment debt collection, the procedure is based on a pre-existing judgment. This means that the creditor has first won a court case establishing the claim. This type of debt collection offers more certainty because the court has already determined that the debtor must pay.

Important considerations for foreign creditors

For foreign creditors seeking to collect claims in Turkey, there are additional steps to consider. First, foreign judgments must be recognised in Turkey before they can be enforced. This requires a "recognition and enforcement" process, in which the foreign judgment must be approved by a Turkish court. In addition, all documents must be properly translated and legalised according to Turkish requirements.

In addition, the language barrier and lack of familiarity with Turkish law can present challenges. It is therefore advisable to work with an experienced local lawyer who specialises in debt collection and recovery in Turkey.

Documentation and requirements

Initiating debt collection proceedings in Turkey requires careful documentation. The creditor must provide detailed information about the claim, including identification and address details of both the creditor and debtor, and any supporting documents such as contracts or invoices. The exact requirements may vary depending on the nature of the claim and whether there is a court judgment.

Recovery through the courts

If a debtor objects to the payment order, the creditor may choose to initiate court proceedings. This is often necessary to enforce the claim, especially if the debtor opposes the claim. The court will then examine the evidence and rule on the validity of the claim.

Importance of legal help

The debt collection process in Turkey can be complex, especially for foreign parties. A thorough knowledge of local law and a careful approach are essential to achieve success. By working with specialised legal experts, creditors can significantly increase their chances of successful recovery.

We also work on a "no cure no pay" basis.

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In Turkey, there are two main methods of initiating debt collection proceedings: with and without a court judgment. In collection without judgment, also known as "ilamsız icra takibi", the creditor can issue a payment order without a prior court order. If the debtor does not object within seven days, the collection can proceed. In collection with judgment, "ilamlı icra takibi", the payment order is issued on the basis of a pre-existing court judgment. Both methods require careful preparation and submission of the necessary documents.

Foreign creditors can initiate debt collection proceedings in Turkey through the relevant enforcement offices. If a judgment has already been obtained abroad, it must first be recognised by a Turkish court in order to enforce it in Turkey. The process of recognition requires the foreign judgment to be in line with Turkish public policy, and all necessary documents must be translated and legalised.

If the debtor objects to the payment order, the collection procedure is temporarily halted without a court order. In this case, the creditor must initiate court proceedings to resolve the dispute. This means that evidence must be produced to support the claim and the case will be heard in court. The process can be complex, especially if the debtor is abroad.

To start debt collection proceedings in Turkey, several documents must be submitted to the foreclosure office. These include identification and address details of both the creditor and debtor, details of the claim such as the amount and any interest, and relevant supporting documents such as contracts or proofs of payment. It is essential that all documents are carefully prepared and, if necessary, correctly translated and legalised.

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